Well there might be a possible defense of cruel and unusual punishment

no, I would mount a defense of double jeopardy (he already served the sentence previously handed down). If someone was sentenced for one year, then completely that one year sentence and walked free for 2 years. It's a little strange to have a new judge rearrest him and impose the "proper" sentence.

But, like I stated, I don't remember the guy.

« Last Edit: May 07, 2012, 01:29:06 pm by consigliere jmfcst »

Logged

Do not fight with one another over my banning. I've enjoyed the time I have spent with all of you, but the time really has come for me to leave. It is what I want.

Well there might be a possible defense of cruel and unusual punishment

no, I would mount a defense of double jeopardy (he already served the sentence previously handed down). If someone was sentenced for one year, then completely that one year sentence and walked free for 2 years. It's a little strange to have a new judge rearrest him and impose the "proper" sentence.

But, like I stated, I don't remember the guy.

Well the guy could file a writ of habeas corpus, but you know what Lincoln did with the one Chief Justice Taney granted don't you?

If anyone would like to appeal this decision, feel free to email Dave directly and state your case.

you must know that saying "feel free to email Dave directly" is tantamount to giving us The Finger. One might as well sacrifice 100 bulls to Baal.

the onus of appeal should have been on the Mod team (the Mods should have appealed the original sentence), before exposing a poster to double jeopardy for something that 1) happened 3 years ago, 2) was already judged and sentenced, 3) sentence was served.

where is the due diligence, why are you "operating on the assumption that this was a mere oversight" when you, above everyone else on the forum, have opportunity to query The Dave?

[edited for constructiveness]

« Last Edit: May 07, 2012, 03:15:41 pm by consigliere jmfcst »

Logged

Do not fight with one another over my banning. I've enjoyed the time I have spent with all of you, but the time really has come for me to leave. It is what I want.

sorry to all for the drama, but there's just something about an execution that get my blood flowing. they're just so...final.

been reading some Camus lately?

Logged

“They cheated us again and again, made decisions behind our back, presenting us with completed facts. That’s the way it was with the expansion of NATO in the East, with the deployment of military infrastructure at our borders. They always told us the same thing: 'Well, this doesn't concern you.'" -Vladimir Putin

since Inks refused to answer the question, and has gotten out his pop gun and shot a wad of 17 death points my way in the last hour...can one of you Mods suggest a place for the rest of us to formulate proposals to present to the Mods, since it appears they are not welcomed on the FC Board?

Logged

Do not fight with one another over my banning. I've enjoyed the time I have spent with all of you, but the time really has come for me to leave. It is what I want.

since Inks refused to answer the question, and has gotten out his pop gun and shot a wad of 17 death points my way in the last hour...can one of you Mods suggest a place for the rest of us to formulate proposals to present to the Mods, since it appears they are not welcomed on the FC Board?

since Inks refused to answer the question, and has gotten out his pop gun and shot a wad of 17 death points my way in the last hour...can one of you Mods suggest a place for the rest of us to formulate proposals to present to the Mods, since it appears they are not welcomed on the FC Board?

If you have a SERIOUS proposal, post it on The Atlas board.

1) it was serious attempt at producing a serious proposal, and it was considered serious enough to be supported by nearly 90% of those who voiced an opinion through their votes. And I disagreed, for the very reason of keeping it serious, with proposals to have me or opebo or MiamiU as mods of the new sub-board.

2) But I thought the Atlas board was too "high level" and not enough "churn" (topic would have remained on first page for months) for the sausage making process of formulating a proposal, so I intended to use the FC board to get everyone's input, then take to the Atlas board if a broad consensus was reached.

3) that salvo of 17 death points, and no, I did NOT miscount them (5+3+5+4), were nothing more than an attempt to intimidate other posters (cause, obviously, they didn't intimidate me). So you can just climb down from your DEFCON 2 posture, for no one believes you have the balls to go to DEFCON 1 and launch nukes against me.

Logged

Do not fight with one another over my banning. I've enjoyed the time I have spent with all of you, but the time really has come for me to leave. It is what I want.

3) that salvo of 17 death points, and no, I did NOT miscount them (5+3+5+4), were nothing more than an attempt to intimidate other posters (cause, obviously, they didn't intimidate me). So you can just climb down from your DEFCON 2 posture, for no one believes you have the balls to go to DEFCON 1 and launch nukes against me.

They always give these heavy volleys of death-points about unrelated posts whenever a poster questions or criticizes them. It has certainly happened to me. What makes you think they wouldn't step it up to outright banning? I'm pretty sure that's where they're headed - banning people like you and I.

I don't know, I think the beat-back that happened in the wake of the Inks-Deluge debacle (and the descent of Leip to address it) means that the Mods don't have the standing right now to pull off a ban of a big-name poster. this place would absolutely erupt, at least for opebo. jmf maybe a bit less so, but still an outcry. doesn't mean it could not happen at a future point.

Logged

“They cheated us again and again, made decisions behind our back, presenting us with completed facts. That’s the way it was with the expansion of NATO in the East, with the deployment of military infrastructure at our borders. They always told us the same thing: 'Well, this doesn't concern you.'" -Vladimir Putin

I don't know, I think the beat-back that happened in the wake of the Inks-Deluge debacle (and the descent of Leip to address it) means that the Mods don't have the standing right now to pull off a ban of a big-name poster. this place would absolutely erupt, at least for opebo. jmf maybe a bit less so, but still an outcry. doesn't mean it could not happen at a future point.

I'm just saying it is the goal. Authoritarianism is a process, not an immediate phenomenon.